Legislative Research On The Crime Of Selling Women And Children

Buying and selling women and children is a crime that occurs when human beings are in a state of ignorance.This crime should have disappeared with the progress of human civilization,but even today,the crime of buying and selling women and children still occurs from time to time."What is the life of the victim after being abducted and trafficked,and whether the buyer truly treats the victim as his wife and child,are all difficult for people who have not encountered them in a civilized society to imagine.".The case of the mother of eight children in Fengxian County has revealed the cruel truth of iron chains,childbirth,and the last weapon to be removed-teeth.This case has caused a stir,bringing the crime of buying abducted women and children into the public’s eyes.Whether the law is reasonable and whether it only constitutes the crime of buying,scholars have put forward their own opinions.The crimes of kidnapping and selling and buying women and children embody the key protection of women and children’s rights and interests in China,and have prominent status and significance.This article will study the crime of kidnapping and selling together with the crime of buying,and propose my own immature views.The main writing ideas and content of this article are as follows: Chapter 2 starts with legislative theory,introduces the legislative factual basis of the crime of buying and selling women and children,and discusses that the sentencing of this crime conforms to constitutional and scientific principles,as well as the system position after sentencing.The third chapter introduces the legislative status and characteristics of buying and selling human beings in other countries and regions of the Continental Law System and the Anglo American Law System,and compares them in a table.It also evaluates and analyzes the two crimes in China’s current criminal law.The fourth chapter discusses the evolution and current situation of legislation on the crime of buying and selling women and children in China,and focuses on the unreasonable aspects of the current crimes of buying and selling,with a focus on the cumbersome legal provisions of the crime of trafficking,the subjective malignancy and social harm of the perpetrators of buying and selling criminals,and the low sentencing of the crime of buying.Chapter 5 proposes a comprehensive proposal to merge the two crimes of buying and trafficking in women and children into the crime of trafficking in human beings.Establishing the crime of trafficking in human beings can achieve legislative fairness,while using the crime of trafficking in women and children as an aggravating circumstance can achieve the legislative purpose of the two crimes,highlighting the protection of the rights and interests of women and children.This article believes that personal dignity is the object of this crime,and the objective aspect of this crime is manifested as one of the acts of abduction,hijacking,control,pick-up,and transit,while the subjective aspect is manifested as intentional buying and selling for the purpose.And discussed the crimes and non crimes of this crime,one crime and several crimes,this crime and that crime,as well as the legal punishment suggestions for this crime.